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1,199 result(s)

  • 51.

    R. v. Romeo - [1991] 1 SCR 86 - 1991-01-25

    Supreme Court Judgments
    Constitutional law
    Criminal law

    1. Is s. 16(4) of the Criminal Code inconsistent with s. 7 or s. 11( d ) of the Canadian Charter of Rights and Freedoms ? 2. If the answer to question 1 is yes, is s. 16(4) justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?   [...]  In Chaulk, I held that while s. 16(4) of the Criminal Code does infringe s. 11( d ) of the Canadian Charter of Rights and Freedoms , it constitutes a reasonable limit under s. 1 of the Charter and, therefore, is not inconsistent with the Constitution Act, 1982 .   [...]  1. Is s. 16(4) of the Criminal Code of Canada inconsistent with s. 7 or s. 11( d ) of the Canadian Charter of Rights and Freedoms ? 2. If the answer to question 1 is yes, is s. 16(4) justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?

  • 52.

    Walker v. Prince Edward Island - [1995] 2 SCR 407 - 1995-05-23

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 2 ( b ) , 6 , 7 . Public Accounting and Auditing Act, R.S.P.E.I. 1988, c. P‐28, s. 14(1).   [...]  1 Lamer C.J. ‐‐ In light of our previous decisions as regards ss. 2( b ) , 6 and 7 of the Canadian Charter of Rights and Freedoms , we are all of the view that there has been no restriction to those rights in this case.   [...]   Public Accounting and Auditing Act, R.S.P.E.I. 1988, c. P‐28, limit the appellants' rights guaranteed by ss. 2( b ) , 6 or 7 of the Canadian Charter of Rights and Freedoms ? No. 2.If the answer to question 1 is in the affirmative, is s. 14(1) nevertheless justified by s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 53.

    Irwin Toy Ltd. v. Quebec (Attorney General) - [1989] 1 SCR 927 - 1989-04-27

    Supreme Court Judgments
    Constitutional law
    Professional law

    On appeal, the respondent also invoked the Canadian Charter of Rights and Freedoms which entered into force after the judgment of the Superior Court.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 7 , 33 . Charter of Human Rights and Freedoms, R.S.Q., c. C-12, ss. 3, 9.1.   [...]  Sections 1 , 2( b ) and 7 of the Canadian Charter of Rights and Freedoms provide: 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

  • 54.

    R. v. P. (J.) - [1990] 2 SCR 300 - 1990-06-28

    Supreme Court Judgments
    Appeal
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 7 , 15(1) . Criminal Code, R.S.C. 1970, c. C‐34, ss. 294(b) [rep.   [...]  APPEAL from a judgment of the Ontario Court of Appeal (1988), 31 O.A.C. 231, allowing the Crown's appeal from a judgment of the Ontario Youth Court (1988), 5 W.C.B. (2d) 111, granting a stay of proceedings pursuant to s. 24 of the Canadian Charter of Rights and Freedoms . Appeal dismissed. Marlys Edwardh, for the appellant.  [...]   7 or s. 15(1) of the Canadian Charter of Rights and Freedoms ? Answer: No. 2. If the admission criteria set out in the Alternative Measures Program designated by the Attorney General for the province of Ontario are inconsistent either with s. 7 or s. 15(1) of the Canadian Charter of Rights and Freedoms , whether that

  • 55.

    Haig v. Canada; Haig v. Canada (Chief Electoral Officer) - [1993] 2 SCR 995 - 1993-09-02

    Supreme Court Judgments
    Constitutional law
    Elections

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , 3 , 4 , 5 , 6 , 15(1) . Constitution Act, 1982 .   [...]  In Gérald‐A. Beaudoin and Ed Ratushny, eds., The Canadian Charter of Rights and Freedoms , 2nd ed. Toronto: Carswell, 1989, 265. Beckton, Clare.   [...]  While the Canadian Charter of Rights and Freedoms guarantees certain electoral rights, the right to vote is generally granted and defined by statute.

  • 56.

    R. v. Big M Drug Mart Ltd. - [1985] 1 SCR 295 - 1985-04-24

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , 24(1) , 27 , 32(1) . Charter of the French Language, R.S.Q. 1977, c. C‐11.   [...]  "Enforcement of the Canadian Charter of Rights and Freedoms " in The Canadian Charter of Rights and Freedoms : Commentary, W.S. Tarnopolsky and G.‐A. Beaudoin eds., Toronto, Carswell Co., 1982.   [...]  On one view, the competent court in which to bring a constitutional challenge is the court with jurisdiction over the remedy sought: Gibson, "Enforcement of the Canadian Charter of Rights and Freedoms " in The Canadian Charter of Rights and Freedoms : Commentary, Tarnopolsky and Beaudoin, eds., (Toronto 1982), at p. 500.

  • 57.

    R. v. Martineau - [1990] 2 SCR 633 - 1990-09-13

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( d ) . Crimes Act (New South Wales), s. 18.   [...]  1.Does s. 213(a) of the Criminal Code infringe or deny the rights or freedoms guaranteed by s. 7 and/or s. 11( d ) of the Canadian Charter of Rights and Freedoms ? 2If the answer to question 1 is affirmative, is s. 213(a) justified by s. 1 of the Canadian Charter of Rights and Freedoms , and therefore not inconsistent with   [...]  Q:Does s. 213(a) of the Criminal Code infringe or deny the rights or freedoms guaranteed by s. 7 and/or s. 11( d ) of the Canadian Charter of Rights and Freedoms ? A:No. Q:If the answer to question 1 is affirmative, is s. 213(a) justified by s. 1 of the Canadian Charter of Rights and Freedoms , and therefore not

  • 58.

    Manitoba (A.G.) v. Metropolitan Stores Ltd. - [1987] 1 SCR 110 - 1987-03-05

    Supreme Court Judgments
    Constitutional law
    Courts

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , (b), (d), 3 , 6(2) , 7 , 15 , 23 , 24 , 32(2) .   [...]  III The Canadian Charter of Rights and Freedoms and the So‐called Presumption of Constitutional Validity   [...]  They commenced an action claiming that s. 251 was inconsistent with the Canadian Charter of Rights and Freedoms and an interim injunction and a permanent injunction.

  • 59.

    Harrison v. University of British Columbia - [1990] 3 SCR 451 - 1990-12-06

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 15(1) , (2) , 32(1) . Compensation Stabilization Act, S.B.C. 1982, c. 32.   [...]  1.Does the Canadian Charter of Rights and Freedoms apply to the appellant University of British Columbia and to its policy of mandatory retirement at age 65?   [...]  1.Does the Canadian Charter of Rights and Freedoms apply to the appellant University of British Columbia and to its policy of mandatory retirement at age 65?

  • 60.

    R. v. Wigglesworth - [1987] 2 SCR 541 - 1987-11-19

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms, ss. 11, 24(1). Constitution Act, 1867, s. 92(15).   [...]  McDonald, David C. Legal Rights in the Canadian Charter of Rights and Freedoms: A Manual of Issues and Sources. Toronto: Carswells, 1982.   [...]  At page 83 in his text on Legal Rights in the Canadian Charter of Rights and Freedoms: A Manual of Issues and Sources (1982), McDonald J. states:

  • 61.

    R. v. Guignard - 2002 SCC 14 - [2002] 1 SCR 472 - 2002-02-21

    Supreme Court Judgments
    Constitutional law
    Municipal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) . Charter of Human Rights and Freedoms, R.S.Q., c. C-12, s. 3.   [...]  12 Canadian Charter of Rights and Freedoms 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.   [...]  Because of the positions adopted by the parties, however, the analysis of the case will be confined to a consideration of the relevant provisions of the Canadian Charter of Rights and Freedoms . I shall begin by determining whether there is a limitation on freedom of expression and then examine the problem of justification.

  • 62.

    Corp. Professionnelle des Médecins v. Thibault - [1988] 1 SCR 1033 - 1988-05-26

    Supreme Court Judgments
    Appeal
    Constitutional law

    Appeal ‐‐ Appeal by way of trial de novo ‐‐ Whether appeal by way of trial de novo inconsistent with s. 11(h) of Canadian Charter of Rights and Freedoms ‐‐ Summary Convictions Act, R.S.Q., c. P‐15, ss. 75, 78.   [...]  Canadian Charter of Rights and Freedoms , ss. 1 , 2 , 7 to 15 , 33 . Charter of human rights and freedoms, R.S.Q. 1977, c. C‐12, ss. 1, 23 [am. 1982, c. 17, s. 42], 33, 37.1 [ad. 1982, c. 61, s. 14].   [...]  Canadian Charter of Rights and Freedoms 12. Appellant maintained inter alia that a de novo appeal from an acquittal is inconsistent with s. 11( h ) of the Canadian Charter , which reads as follows:

  • 63.

    R. v. Sit - [1991] 3 SCR 124 - 1991-10-03

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( d ) . Constitution Act, 1982 , s. 52(1) .   [...]  Lamer C.J. -- This appeal involves a constitutional challenge, under ss. 7 and 11( d ) of the Canadian Charter of Rights and Freedoms , to s. 213(c) of the Criminal Code, R.S.C. 1970, c. C-34 (now s. 230(c)).   [...]   by ss. 7 and/or 11(d) of the Canadian Charter of Rights and Freedoms ? Yes. 2.If the answer to question 1 is in the affirmative, is s. 213 (c) of the Criminal Code [now s. 230(c)] justified under s. 1 of the Canadian Charter of Rights and Freedoms , and therefore not inconsistent with the Constitution Act, 1982 ?

  • 64.

    Tétreault-Gadoury v. Canada (Employment and Immigration Commission) - [1989] 2 SCR 1110 - 1989-11-17

    Supreme Court Judgments
    Action

    Under Rule 32 of the Rules of the Supreme Court of Canada, a constitutional question under the Canadian Charter of Rights and Freedoms is no different from any other constitutional question.   [...]  Canadian Charter of Rights and Freedoms , s. 24 . Constitution Act, 1982 , s. 52 . Rules of the Supreme Court of Canada, SOR/83-74, rr. 4, 32 [am.   [...]   1 is affirmative, is s. 19 of the Unemployment Insurance Act, R.S.C., 1985, c. U‐1, (formerly s. 31 of the Unemployment Insurance Act, 1971, S.C. 1970-71-72, c. 48, as amended 1976-77, c. 54) justified pursuant to s. 1 of the Canadian Charter of Rights and Freedoms and thus consistent with the Constitution Act, 1982 ?

  • 65.

    Baier v. Alberta - 2007 SCC 31 - [2007] 2 SCR 673 - 2007-06-29

    Supreme Court Judgments
    Constitutional law
    Education law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , (d), 15 , 27 . Local Authorities Election Act, R.S.A. 2000, c. L‐21, ss. 21, 22.   [...]  The legislation does not infringe s. 2( b ) or 15 of the Canadian Charter of Rights and Freedoms . Therefore I would dismiss the appeal. II. FACTUAL BACKGROUND   [...]   the School Trustee Statutes Amendment Act, 2002, S.A. 2002, c. 23, infringe s. 15 of the Canadian Charter of Rights and Freedoms ? 4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms ?

  • 66.

    R. v. Edwards Books and Art Ltd. - [1986] 2 SCR 713 - 1986-12-18

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( a ) , 7 , 15 , 24(1) , 27 , 32(2) . Commercial Establishments Business Hours Act, R.S.Q., c. H‐2, s. 5.3.   [...]  In The Canadian Charter of Rights and Freedoms : Commentary. Walter Surma Tarnopolsky and Gérald‐A. Beaudoin, eds.   [...]   infringes or denies in any way ss. 2(a), 7 and/or 15 of the Canadian Charter of Rights and Freedoms , to what extent, if any, can such limits on the rights protected by these sections be justified by s. 1 of the Canadian Charter of Rights and Freedoms and thereby rendered not inconsistent with the Constitution Act, 1982 ?

  • 67.

    Borowski v. Canada (Attorney General) - [1989] 1 SCR 342 - 1989-03-09

    Supreme Court Judgments
    Appeal
    Civil procedure
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 15 , 24(1) . Constitution Act, 1982 , s. 52(1) .   [...]  Allegations based upon the Canadian Charter of Rights and Freedoms , which had been proclaimed on April 17, 1982, were added.   [...]  right to life as guaranteed by Section 7 of the Canadian Charter of Rights and Freedoms ? 2. If the answer to question 1 is "yes", do subsections (4), (5) and (6) of Section 251 of the Criminal Code violate or deny the principles of fundamental justice, contrary to Section 7 of the Canadian Charter of Rights and Freedoms ?

  • 68.

    R. v. Logan - [1990] 2 SCR 731 - 1990-09-13

    Supreme Court Judgments
    Constitutional law
    Criminal law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 11( d ) . Criminal Code, R.S.C. 1970, c. C‐34, ss. 21(1), (2), 212(a)(i), 213(a), 222.   [...]  1.Does s. 21(2) of the Criminal Code contravene the rights and freedoms guaranteed by s. 7 and/or s. 11( d ) of the Canadian Charter of Rights and Freedoms ? 2.If the answer to question 1 is in the affirmative, is s. 21(2) of the Criminal Code justified under s. 1 of the Canadian Charter of Rights and Freedoms , and   [...]  1.Does s. 21(2) of the Criminal Code contravene the rights and freedoms guaranteed by s. 7 and/or s. 11( d ) of the Canadian Charter of Rights and Freedoms ? 2.If the answer to question 1 is in the affirmative, is s. 21(2) of the Criminal Code justified under s. 1 of the Canadian Charter of Rights and Freedoms , and

  • 69.

    Stoffman v. Vancouver General Hospital - [1990] 3 SCR 483 - 1990-12-06

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 15(1) , 32(1)( a ) ,(b). Charity Aid Act, R.S.O. 1877, c. 223.   [...]  5.04 of the Medical Staff Regulations contrary to s. 15(1) of the Canadian Charter of Rights and Freedoms ? 3.If the answer to question 1 is yes, was the administration of Regulation 5.04 of the Medical Staff Regulations by the Vancouver General Hospital contrary to s. 15(1) of the Canadian Charter of Rights and Freedoms ?   [...]  of the Medical Staff Regulations contrary to s. 15(1) of the Canadian Charter of Rights and Freedoms ? Yes. 3.If the answer to question 1 is yes, was the administration of Regulation 5.04 of the Medical Staff Regulations by the Vancouver General Hospital contrary to s. 15(1) of the Canadian Charter of Rights and Freedoms ?

  • 70.

    Rudolph Wolff & Co. v. Canada - [1990] 1 SCR 695 - 1990-03-29

    Supreme Court Judgments
    Constitutional law
    Courts

    Canadian Charter of Rights and Freedoms , ss. 1 , 15(1) . Crown Liability Act, R.S.C. 1970, c. C‐38, s. 7(1).   [...]  1.Are section 17(1) and (2) of the Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, as amended, and s. 7(1) of the Crown Liability Act, R.S.C. 1970, c. C-38, as amended, consistent with s. 15 of the Canadian Charter of Rights and Freedoms in so far as they confer exclusive jurisdiction in the Federal Court in relation to   [...]  2.If s. 17(1) and (2) of the Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, as amended, and s. 7(1) of the Crown Liability Act, R.S.C. 1970, c. C-38, as amended, or both, are inconsistent with s. 15 of the Canadian Charter of Rights and Freedoms , are they a reasonable limit within the meaning of s. 1 of the Charter ?

  • 71.

    RWDSU v. Dolphin Delivery Ltd. - [1986] 2 SCR 573 - 1986-12-18

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 2( b ) , (d), 15(1) , 32(1) . Constitution Act, 1867 , ss. 12 , 16 , 132 .   [...]  "Application of the Canadian Charter of Rights and Freedoms ". In W. S. Tarnopolsky and G.‐A. Beaudoin, eds., The Canadian Charter of Rights and Freedoms ‐‐Commentary.   [...]  27. Support for this view is found in Peter W. Hogg, supra, at pp. 670‐78, and in an article by Katherine Swinton, "Application of the Canadian Charter of Rights and Freedoms ", in Tarnopolsky and Beaudoin, eds., The Canadian Charter of Rights and Freedoms ‐‐Commentary.

  • 72.

    Moysa v. Alberta (Labour Relations Board) - [1989] 1 SCR 1572 - 1989-06-08

    Supreme Court Judgments
    Constitutional law
    Evidence

    Canadian Charter of Rights and Freedoms , s. 2 ( b ) . Labour Relations Act, R.S.A. 1980, c. L‐1.1, s. 13 [am. 1983, c. 34, s. 2(6)].   [...]  The refusal was grounded in part on an alleged right to protect sources of information on the basis of a qualified privilege either at common law or under s. 2( b ) of the Canadian Charter of Rights and Freedoms . The appellant's claim arose in the following manner.   [...]  1. Does requiring a journalist witness to disclose communications from a source violate s. 2( b ) of the Canadian Charter of Rights and Freedoms ? 2. Does requiring a journalist witness to disclose communications to some other person violate s. 2( b ) of the Canadian Charter of Rights and Freedoms ?

  • 73.

    R. v. Généreux - [1992] 1 SCR 259 - 1992-02-13

    Supreme Court Judgments
    Constitutional law

    Canadian Charter of Rights and Freedoms , ss. 1 , 7 , 8 , 11( d ) , (f), 15 , 24(1) , (2) .   [...]  4.If the answer to question 3 is yes, is it a reasonable limit in a free and democratic society and therefore justified under s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?   [...]  4.If the answer to question 3 is yes, is it a reasonable limit in a free and democratic society and therefore justified under s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?

  • 74.

    Law society of Upper Canada v. Skapinker - [1984] 1 SCR 357 - 1984-05-03

    Supreme Court Judgments
    Constitutional law

    (b) of s. 6(2) of the Canadian Charter of Rights and Freedoms , it is unnecessary to proceed to the effect of subs.   [...]  canadian charter of rights and freedoms ... Mobility Rights 6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.   [...]  (2) of s. 6 of the Canadian Charter of Rights and Freedoms as adopted in the Constitution Act, 1982 , and as now incorporated in the Constitution Acts, 1867 to 1982.

  • 75.

    Weatherall v. Canada (Attorney General) - [1993] 2 SCR 872 - 1993-08-12

    Supreme Court Judgments
    Constitutional law
    Criminal law

    prisons by female guards infringe s. 7 of Canadian Charter of Rights and Freedoms . Constitutional law ‐‐ Charter of Rights ‐‐ Unreasonable search and seizure ‐‐ Prisoners ‐‐ Whether frisk searches and unannounced patrols of cells in male prisons by female guards infringe s. 8 of Canadian Charter of Rights and Freedoms .   [...]   in male prisons by female guards infringe s. 15 of Canadian Charter of Rights and Freedoms . Prisons ‐‐ Prisoners' rights ‐‐ Frisk searches and surveillance ‐‐ Whether frisk searches and unannounced patrols of cells in male prisons by female guards infringe ss. 7 , 8 and 15 of Canadian Charter of Rights and Freedoms .   [...]  The trial judge concluded that the cross‐gender frisk searches did not violate ss. 7 , 8 and 15 of the Canadian Charter of Rights and Freedoms but that the winds conducted by female guards constituted an invasion of privacy of male inmates contrary to s. 8.